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The State Water Resources Control Board on Friday issued a Cease and Desist Order directing Nestle Waters North America to stop its spring water diversions in the San Bernardino National Forest.
According to the Board, Nestle has been unlawfully diverting water for years.
In response to multiple complaints alleging that Nestle’s continual water diversions depleted Strawberry Creek, a field investigation was conducted and an initial report was issued in 2017 with recommendations that Nestle only take amounts within its established water rights. Afterward, the Board received an additional 4,000 comments and thousands of pages of information from the public alleging continued excessive water diversions, which significantly expanded the investigation that culminated with Friday’s proposed enforcement action.
“It is concerning that these diversions are continuing despite recommendations from the initial report, and while the state is heading into a second dry year,” said Jule Rizzardo, Assistant Deputy Director for the Division of Water Rights. “The state will use its enforcement authority to protect water and other natural resources as we step up our efforts to further build California’s drought resilience.”
If adopted, the order would instruct the company to limit diversions from surface streams to its pre-1914 water right of 7.26 acre-feet per year; submit annual monitoring reports that contain diversion amounts for the previous year, and include information regarding the nature of diversions that could be subject to the Board’s permitting authority; establish a basis of right for diversions found within the board’s permitting authority; and submit a compliance plan within 180 days after a final order is adopted.
Nestle has said that they only collect water that naturally flows to the surface of the Arrowhead spring site in Strawberry Canyon and that their team regularly monitors spring water flows and environmental conditions at the site.
“We are disappointed with the recommendation by the State Water Resources Control Board staff concerning our water rights in Strawberry Canyon. The SWRCB staff report and draft cease-and-desist order, which is a part of the normal investigative process, errs with respect to several critical hydrological and legal conclusions. They are contrary to California water rights law and a departure from long-standing SWRCB practice and precedent. It is our view that they have not fairly considered the extensive information and data we have provided to them. As such, BlueTriton Brands will pursue all legal options available to correct the SWRCB staff’s misinterpretation of established California water law.”
Nestle has 20 days to appeal the draft order.
